Even when auto accidents happen at high speeds, the occupants of the vehicles involved have at least some protection from the force of the impact. The structure of the car they occupy, along with safety features like airbags and seatbelts.
Pedestrians struck by cars or trucks have no such protection. Pedestrians often suffer fatal or severe injuries, because a human body is struck by a multi-ton, metal speeding object.
If you or someone you love were hit by a car while crossing the street or walking near the road, Ostroff Injury Law can help you fight for compensation from the at-fault parties. Founding Partner Jon Ostroff has recovered money for clients across all 67 counties in Pennsylvania.
- Jon and his team won a $450,000 settlement for a client who was struck by a fracking truck that was backing up at a fracking site in the Allegheny National Forest. This client suffered a neck injury and a shoulder injury that required surgery.
- Ostroff Injury Law recovered compensation from multiple insurance companies after a pedestrian was struck by a car and killed while crossing a busy street. This case resulted in $438,000 for our client.
- Our law firm won $430,000 in total settlements on behalf of a pedestrian who was struck by a motor vehicle and suffered a pelvic fracture.
If you were in this type of accident, you need a winning personal injury team on your side. Reach out to our Pennsylvania pedestrian accident lawyers to learn how we can support you throughout your case.
Establishing Fault for a Pedestrian Accident in Pennsylvania
Personal injury cases are based on the legal concept of “negligence,” which means that people can be held financially liable for harm they unintentionally cause. Negligence has four components, all of which must be present for a legal claim to proceed:
- Existence of a “duty of care”
- Breach of that duty
- An accident resulting from the breach
- Injuries and damages stemming directly from that accident
All motor vehicle drivers share the same “duty of care,” which requires them to follow “the rules of the road”, stay aware of their surroundings, and act reasonably while operating their cars. Breaches of this duty can take various forms, from a mental lapse, to an overt traffic violation to distracted driving or drunk driving. In a personal injury case, you must prove that the other party’s breach of duty directly caused your accident and that the accident led to your injuries. A skilled Pennsylvania attorney can explain negligence in more detail and help you build a comprehensive and compelling pedestrian accident personal injury case.
Recoverable Damages in a Crosswalk Injury Claim
Any driver found at fault for negligently striking and injuring a pedestrian may be liable not just for economic repercussions of the incident, but non-economic losses as well. A respected lawyer can help you recover compensation for losses such as:
- Pain and suffering
- Past and future medical bills
- Personal property damage
- Lost income, including lost business and financial opportunities
- Emotional and psychological trauma
- Loss of life’s pleasures
- Lost consortium
It is important to note that as a pedestrian, you can still be partially at fault for your accident. For example, if you were crossing the street outside of a crosswalk, you might be negligent. In these situations, 42 Pennsylvania Consolidated Statutes §7102 allows the court overseeing the case to proportionally reduce your available compensation by your percentage of fault for the accident.
The court may even prohibit you from recovering anything if you are more at fault than the defendants named in your claim. A seasoned lawyer can help you avoid a finding of partial or total fault to preserve your right to full compensation.
Talk to a Pennsylvania Pedestrian Accident Attorney Today
The aftermath of a pedestrian accident can be a chaotic and challenging time. Another person’s momentary negligence could have devastating consequences that affect you for years or even decades after the accident.
Working with a Pennsylvania pedestrian accident lawyer can be the key to recovering fair compensation from the at-fault parties. Contact Ostroff Injury Law to get started with a free consultation.